Thailand Law Library

by Thailand Lawyer

Military Power under the Martial Law

Within the area under the Martial Law, the military authority shall have superior power over the civil authority in regard to military operation, desistance or suppression, or keeping public order. The civil authority shall act in compliance with the requirements of the military authority.

Within the area under the Martial Law, the Civilian Court still have the power to conduct the trial and to adjudicate the case as usual, except the case under the jurisdiction of the Martial Court. The Military Court may be empowered, by notification of the person having the power to proclaim the Martial Law, to conduct the trial and to adjudicate the criminal case committed within the area and under the period of the Martial Law as prescribed in the Schedule attached to this Act whether all or any clause thereof and/or any part of any clause thereof. Such person shall also have the power to amend or repeal such notification.

The notification empowering the Military Court to conduct the trial and to adjudicate the criminal case under paragraph one shall apply to the criminal case committed after the date and time as prescribed therein which may be the date and time such notification is made or thereafter. Such notification shall be published in the Government Gazette.

In addition to the aforesaid, a criminal case committed within the area under the Martial Law which is related to national security or public order may be tried and adjudicated by the Military Court upon the order of the Supreme Commander.

The notification empowering the Military Court to conduct the trial and to adjudicate the criminal case under section 7 may mention that the Military Court in all or some localities shall have the same or more or less power to conduct the trial and to adjudicate the criminal case as prescribed in that section.

Upon the repeal of the Martial Law, the Military Court still have the power to conduct the trial and to adjudicate the criminal case pending therein as well as criminal case which has not yet been instituted during the period the Martial Law is in force.

Powers of the Military Authority

Upon the proclamation of the Martial Law in any Tambon, Muang or Monthon, the military authority shall have full power of search, compulsory requisition, prohibition, seizure, staying in, destruction or alteration of any place and turning out of persons.

Search

The powers to make search are as follows:

1. to inspect or search things which may be under compulsory requisition or to be prohibited, seized or stayed in, or things which the possession thereof is illegal, including to search the body, vehicle, dwelling place, building or any place and at any time;
2. to inspect message, letter, telegraph, package, parcel or other things transmitting within the area under the Martial Law;
3. to inspect book, printed matter, newspaper, advertisement, verse or poem.

Compulsory Requisition

The powers to make compulsory requisitions are as follows:

1. to force labor for supporting military service in relation to Kingdom’s defense or for supporting military service in all respects;
2. to require from any person or company any conveyance, beast of burden, provisions, arm, instrument and tool for use in military service at that time.